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THE  TREATY  OF  ARBITRATION  BETWEEN  VENE- 
ZUELA AND  GREAT  BRITAIN,   "' 

Signed  at  Washington  and  dated  the  Second  day  of  February,  1897. 

The  United  States  of  Venezuela,  and  Her  Majesty  the 
Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland, 
being  desirous  to  provide  for  an  amicable  settlement  of  the 
question  which  has  arisen  between  their  respective  govern- 
ments concerning  the  boundary  between  the  United  States 
of  Venezuela  and  the  Colony  of  British  Guiana,  have 
resolved  to  submit  to  arbitration  the  question  involved,  and 
tOfth^Vend  of  concluding  a  Treaty  for  that  purpose  have 
appointed  as  their  respective  Plenipotentiaries  : 

J?he  President  of  the  United  States  of  Venezuela,  Sefior 
Jose  Andrade,  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  Venezuela  to  the  United  States  of  America ; 

And  Her  Majesty  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  the  Right  Honorable  Sir  Julian 
Pauncefote,  a  Member  of  Her  Majesty's  Most  Honorable 
Privy  Council,  Knight  Grand  Cross  of  the  Most  Honorable 
Order  of  the  Bath  and  of  the  Most  Distinguished  Order  of 
St.  Michael  and  St.  George,  and  Her  Majesty's  Ambassador 
Extraordinary  and  Plenipotentiary  to  the  United  States ; 

Who,  having  communicated  to  each  other  their  respective 
full  powers  which  were  found  to  be  in  due  and  proper  form, 
have  agreed  to  and  concluded  the  following  articles  : 

Article  I. 

An  arbitral  Tribunal  shall  be  immediately  appointed  to 
determine  the  boundary  line  between  the  United  States  of 
Venezuela  and  the  Colony  of  British  Guiana.  r-  ^  ^  ^  c 


2  TREATY    OF    ARBITKATION    BETWEEN 

Article  II. 

The  Tribunal  shall  consist  of  five  Jurists ;  two  on  the  part 
of  Venezuela  nominated,  one  by  the  President  of  the  United 
States  of  Venezuela,  namely,  the  Honorable  Melville  Weston 
Fuller,  Chief  Justice  of  the  United  States  of  America,  and 
one  nominated  by  the  Justices  of  the  Supreme  Court  of  the 
United  States  of  America,  namely,  the  Honorable  David 
Josiah  Brewer,  a  Justice  of  the  Supreme  Court  of  the  United 
States  of  America ;  two  on  the  part  of  Great  Britain  nomi- 
nated by  the  members  of  the  Judicial  Committee  of  Her 
Majesty's  Privy  Council,  namely,  the  Right  Honorable  Baron 
Herschell,  Knight  Grand  Cross  of  the  Moat  Honorable  Order 
of  the  Bath  ;  and  the  Honorable  Sir  Richard  Henn  Collins, 
Knight,  one  of  the  Justices  of  Her  Britannic  Majesty's 
Supreme  Court  of  Judicature  ;  and  of  a  fifth  Jurist  to  be 
selected  by  the  four  persons  so  nominated,  or  in  the  event  of 
their  failure  to  agree  within  three  months  from  the  date  of 
the  exchange  of  ratifications  of  the  present  Treaty,  to  be 
selected  by  His  Majesty  the  King  of  Sweden  and  Norway. 
The  Jurist  so  selected  shall  be  President  of  the  Tribunal. 

In  case  of  the  death,  absence  or  incapacity  to  serve  of  any 
of  the  four  Arbitrators  above  named,  or  in  the  event  of  any 
such  Arbitrator  omitting  or  declining  or  ceasing  to  act  as 
such,  another  Jurist  of  repute  shall  be  forthwith  substituted 
in  his  place.  If  such  vacancy  shall  occur  among  those 
nominated  on  the  part  of  Venezuela  the  substitute  shall  be 
appointed  by  the  Justices  of  the  Supreme  Court  of  the 
United  States,  acting  by  a  majority,  and  if  among  those 
nominated  on  the  part  of  Great  Britain  he  shall  be  appointed 
by  the  members  for  the  time  being  of  the  Juditcal  Commitee 
of  Her  Majesty's  Privy  Council,  acting  by  a  majority.  If 
such  vacancy  shall  occur  in  the  case  of  the  fifth  Arbitrator, 
a  substitute  shall  be  selected  in  the  manner  herein  provided 
for  with  regard  to  the  original  appointment* 


Venezuela  and  great  Britain.  6 

Article  III. 

The  Tribunal  shall  investigate  and  ascertain  the  extent  of 
the  territories  belonging  to  or  that  might  lawfully  be  claimed 
by  the  United  Netherlands  or  by  the  Kingdom  of  Spain 
respectively  at  the  time  of  the  acquisition  by  Great  Britain 
of  the  Colony  of  British  Guiana  —  and  shall  determine  the 
boundary  line  between  the  United  States  of  Venezuela  and 
the  Colony  of  British  Guiana. 

Article  IV. 

In  deciding  the  matters  submitted,  the  Arbitrators  shall 
ascertain  all  facts  which  they  deem  necessary  to  a  decision 
of  the  controversy,  and  shall  be  governed  by  the  following 
rules,  which  are  agreed  upon  by  the  high  contracting  parties 
as  rules  to  be  taken  as  applicable  to  the  case,  and  by  such 
principles  of  international  law  not  inconsistent  therewith  as 
the  Arbitrators  shall  determine  to  be  applicable  to  the  case. 

Rules : 

(a)  Adverse  holding  or  prescription  during  a  period  of 
fifty  years  shall  make  a  good  title.  The  Arbitrators  may 
deem  exclusive  political  control  of  a  district  as  well  as  actual 
settlement  thereof  sufficient  to  constitute  adverse  holding  or 
to  make  title  by  prescription. 

(b)  The  Arbitrators  may  recognize  and  give  effect  to 
rights  and  claims  resting  on  any  other  ground  whatever  valid 
according  to  international  law  and  on  any  principles  of  inter- 
national law  which  the  Arbitrators  may  deem  to  be  applicable 
to  the  case  and  which  are  not  in  contravention  of  the  fore- 
going rule. 

(c)  In  determining  the  boundary  line,  if  territory  of  one 
party  be  found  by  the  Tribunal  to  have  been  at  the  date  of 
this  Treaty  in  the  occupation  of  the  subjects  or  citizens  of 


4  TREATY    OF    ARBITRATION    BETWEEN 

the  other  party,  such  effect  shall  be  given  to  such  occupation 
as  reason,  justice,  the  principles  of  international  law  and 
the  equities  of  the  case  shall,  in  the  opinion  of  the  Tribunal, 
require. 

Article  V. 

The  Arbitrators  shall  meet  at  Paris,  within  sixty  days 
after  the  delivery  of  the  printed  arguments  mentioned  in 
Article  VIII,  and  shall  proceed  impartially  and  carefully  to 
examine  and  decide  the  questions  that  have  been  or  shall  be 
laid  before  them  as  herein  provided  on  the  part  of  the 
Governments  of  the  United  States  of  Venezuela  and  Her 
Britannic  Majesty  respectively. 

Provided  always  that  the  Arbitrators  may,  if  they  shall 
think  tit,  hold  their  meetings  or  any  of  them  at  any  other 
place  which  they  may  determine. 

All  questions  considered  by  the  Tribunal,  including  the 
final  decision,  shall  be  determined  by  a  majority  of  all  the 
Arbitrators. 

Each  of  the  High  Contracting  Parties  shall  name  one  per- 
son as  its  agent  to  attend  the  Tribunal  and  to  represent  it 
generally  in  all  matters  connected  with  the  Tribunal. 

Article  VI. 

The  printed  case  of  each  of  the  two  parties,  accompanied 
by  the  documents,  the  official  correspondence,  and  other 
evidence  on  which  each  relies,  shall  be  delivered  in  dupli- 
cate to  each  of  the  Arbitrators  and  to  the  Agent  of  the  other 
party  as  soon  as  may  be  after  the  appointment  of  the  mem- 
bers of  the  Tribunal,  but  Avithin  a  period  not  exceeding  eight 
months  from  the  date  of  the  exchange  of  the  ratifications  of 
this  Treaty. 


VENEZUELA    AND   GREAT   BRITAIN.  5 

Article  VII. 

Within  four  months  after  the  delivery  on  both  sides  of 
the  printed  case,  either  party  may  in  like  manner  deliver  in 
duplicate  to  each  of  the  said  Arbitrators,  and  to  the  Agent 
of  the  other  party,  a  counter  case,  and  additional  documents, 
correspondence,  and  evidence,  in  reply  to  the  case,  docu- 
ments, correspondence,  and  evidence  so  presented  by  the 
other  party. 

If  in  the  case  submitted  to  the  Arbitrators  either  party 
shall  have  specified  or  alluded  to  any  report  or  document  in 
its  own  exclusive  possession,  without  annexing  a  copy,  such 
party  shall  be  bound,  if  the  other  party  thinks  proper  to 
apply  for  it,  to  furnish  that  party  with  a  copy  thereof,  and 
either  party  may  call  upon  the  other,  through  the  Arbitra- 
tors, to  produce  the  originals  or  certified  copies  of  any 
papers  adduced  as  evidence  giving  in  each  instance  notice 
thereof  within  thirty  days  after  delivery  of  the  case ;  and 
the  original  or  copy  so  requested  shall  be  delivered  as  soon 
as  may  be  and  within  a  period  not  exceeding  forty  days 
after  receipt  of  notice. 

Article  VIII. 

It  shall  be  the  duty  of  the  Agent  of  each  party,  within 
three  months  after  the  expiration  of  the  time  limited  for  the 
delivery  of  the  counter  case  on  both  sides,  to  deliver  in 
duplicate  to  each  of  the  said  Arbitrators  and  to  the  Agent 
of  the  other  party  a  printed  argument  showing  the  points 
and  referring  to  the  evidence  upon  which  his  Government 
relies,  and  either  party  may  also  support  the  same  before 
the  Arbitrators  by  oral  argument  of  counsel ;  and  the  Arbi- 
trators may,  if  they  desire  further  elucidation  with  regard 
to  any  point,  require  a  written  or  printed  statement  or  argu- 
ment, or  oral   argument  by  counsel,  upon  it ;  but  in  such 


6  TREATY   OF   ARBITRATION    BETWEUN 

case  the  other  party  shall  be  entitled  to  reply  either  orally 
or  in  writing,  as  the  case  may  be. 

Article  IX. 

The  Arbitrators  may,  for  any  cause  deemed  by  them  suf- 
ficient, enlarge  either  of  the  periods  fixed  by  Articles  VI, 
VII,  and  VIII  by  the  allowance  of  thirty  days  additional. 

Article  X. 

The  decision  of  the  tribunal,  shall,  if  possible,  be  made 
within  three  months  from  the  close  of  the  argument  on  both 
sides. 

It  shall  be  made  in  writing  and  dated,  and  shall  be  signed 
by  the  Arbitrators  who  may  assent  to  it. 

The  decision  shall  be  in  duplicate,  one  copy  whereof  shall 
be  delivered  to  the  Agent  of  the  United  States  of  Vene- 
zuela for  his  Government,  and  the  other  copy  shall  be  deliv- 
ered to  the  Agent  of  Great  Britain  for  his  Government. 

4 

Article  XI. 

The  Arbitrators  shall  keep  an  accurate  record  of  their 
proceedings  and  may  appoint  and  employ  the  necessary 
officers  to  assist  them. 

Article  XII. 

Each  Government  shall  pay  its  own  Agent  and  provide 
for  the  proper  remuneration  of  the  counsel  employed  by  it 
and  of  the  Arbitrators  appointed  by  it  or  in  its  behalf,  and 
for  the  expense  of  preparing  and  submitting  its  case  to  the 
Tribunal.  All  other  expenses  connected  with  the  Arbitra- 
tion shall  be  defrayed  by  the  two  Governments  in  equal 
moieties. 


VENEZUELA    AND   GEEAT   BRITAIN- 


Article  XIII. 

I 

The  High  Contracting  Parties  engage  to  consider  the  re- 
sult of  the  proceedings  of  the  Tribunal  of  Arbitration  as  a 
full,  perfect,  and  final  settlement  of  all  the  questions  referred 
to  the  Arbitrators. 

Article  XIV. 

The  present  Treaty  shall  be  duly  ratified  by  the  President 
of  the  United  States  of  Venezuela  by  and  with  the  approval 
of  the  Congress  thereof  and  by  Her  Britannic  Majesty  ;  and 
the  ratifications  shall  be  exchanged  in  Washington  or  in 
London  within  six  months  from  the  date  hereof. 

KU  fait!)  tOi)0t0Of,  we,  the  respective  Plenipotentiaries, 
have  signed  this  treaty  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington,  the  second  day  of  Feb- 
ruary, one  thousand  eight  hundred  and  ninety-seven. 

JOSE  ANDRADE  [seal.] 

JULIAN   PAUNCEFOTE     [seal.] 


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